Comment Makes me think we should apply the CFAA to AI (Score 2) 77
Traditionally, we've all been skeptical of the CFAA being applied to ToS violations, but I think there is a reasonable case to be made for a carve out to reform the CFAA to make it a crime to attach a bot that posts to a web site after their ToS prohibits writing.
Reading should still be a civil tort unless a scraper continuously imposes real costs or outages, but I think it would be very beneficial to establish a clear line that it absolutely can be a misdemeanor or even a felony to attach bots who write data when the ToS forbids that.